Notwithstanding other provisions of this chapter, fences, walls, and hedges may be permitted in any required yard; provided that no fence, wall, or hedge along the sides or front edge of any front yard shall be over three and one-half feet in height. Additionally, on a corner lot in a residential district, a sight triangle shall be provided such that nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of their intersection. The following regulations shall apply to the construction of fences.
(A) No solid fence shall be constructed closer to the street than the property line. No fence shall be closer than two feet to the sidewalk.
(B) No fence erected in a required front yard shall materially obstruct public view. Permitted types of fences shall include split rail, chain link, or other similar material. No component of a front yard fence shall exceed three and one-half feet in height, nor shall any structural member exceed 36 inches in cross-sectional area.
(C) No fence shall be constructed which will constitute a traffic hazard as identified in the site triangle of a corner lot.
(D) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals by intent of its construction or by inadequate maintenance.
(E) No fence within residential districts, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six feet, except for the provisions of division (J) below.
(F) All fences shall conform to the construction standards of the Building Code and other applicable ordinances and resolutions.
(G) In commercial and industrial districts, maximum height offences shall be eight feet. When industry standards for certain types of businesses require fences of greater heights, the Zoning Administrator at his or her direction, may allow greater heights.
(H) All fences constructed in the village shall comply with the provision of this section and obtain a building permit.
(I) Good side of fence shall face to the outside of the property.
(J) (1) All outdoor swimming pools shall be enclosed by a fence or wall at least six feet, but not more than eight feet in height with a gate or gates which can be securely locked.
(2) SWIMMING POOL shall be defined as any permanent depression in the ground or any permanent above or below ground container in which water more than 18 inches deep is contained and which is used primarily for the purpose of bathing or swimming. For purposes of this section, PERMANENT shall mean a device which remains in place Memorial Day through Halloween and is not dismantled, stored, moved, or removed on a seasonal basis. This definition does not include hot tubs nor does it include such temporary devices as children’s wading pools, inflatable pools, or similar devices, regardless of water depth.
(Ord. passed 8- -2010; Ord. 635, passed 9-18-2018) Penalty, see § 151.999